Agenda Packets - 1996/04/22 - Laserfiche WebLink

Home Browse Search

• against the Payee or Distributees for environmental response costs for qualified facilities, including any such liability under CERCLA or other law. The Commissioner, the Payee, and Distributees further acknowledge that, by a separate agreement between the Commissioner and the United States Environmental Protection Agency(hereinafter"U.S. EPA") entered pursuant to CERCLA and the Act (hereinafter"EPA Agreement"), U.S. EPA and the Commissioner have agreed on the terms and conditions by which the Commissioner will assume responsibility under the Act for all further response actions at qualified landfills under CERCLA, and by which the U.S. EPA agrees to close its outstanding cost recovery cases under CERCLA for qualified facilities rather than seeking payment of such costs from responsible persons. Distributees and the Payee are among the persons who are protected from future U.S. EPA cost recovery and response action requirements under the EPA Agreement. • 2. Therefore, in consideration for the Payee's and the Distributees' compliance with all applicable requirements of the Act with respect to the Oak Grove Landfill and all other qualified facilities, and other valuable consideration, the Commissioner, the Payee, and the Distributees agree that any and all liability for response costs and response actions which could be asserted by the Commissioner against Distributees or the Payee under CERCLA or other law for the Oak Grove Landfill and all other qualified facilities is hereby resolved; provided that nothing • in this Paragraph F precludes the Commissioner from asserting claims under Minn. Stat. § 115B.40, subd. 7(b)(2)(i) or the Distributees or Payee from asserting any rights and defenses to such claims. Distributees and the Payee are entitled to contribution protection to the extent provided by Section 113(0(2) of CERCLA, 42 U.S.C. § 9613(0(2) for response costs and response actions with respect to any and all qualified facilities. • 10 • Reimbursement Agreement For Oak Grove Landfill